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What is considered a "workweek"?

The Fair Labor Standards Act (FLSA) defines an employee's workweek as any fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It does not need to coincide with the calendar week. An example of this is a workweek of Saturday through Friday. A workweek may begin on any day of the week and any hour of the day established by the employer. Employers are free to define the beginning and ending days for their work week as they so choose. Different workweeks may be established for different employees or groups of employees. Under section 7(a) of the FLSA, overtime compensation is determined on a workweek basis, and must be paid for hours worked over 40 in a workweek. There is no limit under the FLSA on the number of hours employees aged 16 and older may work in any workweek. It is the responsibility of the employer or supervisor to establish workweeks for each employee, including “exempt” employees, in writing. Once the beginning of an employee’s workweek is established, it remains fixed. The designated workweek for an employee cannot be changed unless it is intended to be permanent and may not be done to avoid paying overtime.

Are there any regulations stating we must pay an employee who is traveling to/from an educational conference for their time while traveling? Do we have to pay for weekend travel or overtime?

Whether time spent traveling is paid work time for nonexempt employees depends on the nature and the timing of the travel. Travel time that is work time is subject to both the minimum wage and overtime pay requirements of the Fair Labor Standards Act (FLSA). In situations where overnight travel away from home is required (e.g., employees traveling the day before or after the work assignment), all time spent traveling during hours corresponding to the employee's normal working hours must be counted as time worked and the employee must be paid for those hours (29 C.F.R. § 785.39). For example, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday, the travel time during these hours is work time on Saturday and Sunday as well as on the other days. So, if the employee travels on a regular day off, perhaps Sunday, you must pay for any travel time between 9 a.m. and 5 p.m. (regular meal times do not have to be paid). The employee must also be paid for all time spent at the seminar, training session, or working. Overtime pay is required if travel time and work time together exceed 40 hours in a workweek. For more information, please see the "Travel Time" section in the Compensation chapter.

We often have employees who clock in early or clock out late and claim extra hours on their time sheets even though they are only supposed to work 40 hours a week. Do we have to pay our employees for this unauthorized overtime?

Yes. The schedule deviation is a disciplinary issue, not a pay issue. Under the federal Fair Labor Standards Act (FLSA), you have no choice but to pay employees for all hours actually worked. Address schedule violations under your company’s regular corrective action policy. Let your employees know, in writing, that in the future, all overtime must be approved by their supervisor in advance, and that failure to obtain such approval can lead to discipline, up to and including termination. If the excess hours resulted from some kind of supervi¬sory negligence, there would also be an issue to address with regard to the responsible supervisor.

We are a small business with 10 employees. Are we required to fill out the OSHA record keeping log of job-related injuries and illnesses? Do we have to post the annual summaries?

One of our employees worked Monday through Thursday (8 hours each day), was out all day Friday on sick leave, and worked 8 hours on Saturday. We paid her 48 hours of regular pay. She now claims she is entitled to 8 hours of overtime pay. Is this correct?

An employee who was terminated told me that under federal law he can request his W-2 Form with his final paycheck. I thought that federal law stated employers had to have W-2 Forms out by January 31st of the following year. Please advise.

If an employer requires short-term disability leave to begin after an employee has been absent three consecutive days, can the time after that three days up until the time the employee returns to work be counted as FMLA leave? Also, does an employee have to request FMLA leave or can an employer require it after a certain number of consecutive absences?

It has become necessary to implement an office dress code. Any suggestions or samples of dress codes?

At what point, if any, do we need to report information about new hires to the government?

How do we figure overtime pay for employees on a salary overtime system?

I have a question about the Family and Medical Leave Act (FMLA). Our agency has 47 employees. Does the 50-employee rule mean 50 full-time employees? We have 12 part-time employees.

Our company handbook states that if a two-week notice is given, vacation time will be paid. The question is this: If an employee resigns with a two-week notice and is convinced to stay with the company by management through an oral agreement and the employee feels this agreement has been voided because of noncompliance, should the employee be paid the vacation earned?

Are there any regulations stating we must pay an employee who is traveling to/from an educational conference for their time while traveling?

Our company has salaried employees who asked about taking comp time when they work more than an 8 hour day. I tell them we do not have comp time as a benefit. Can you give me some guidance on what is required for a salaried employee or at least point me in the right direction when it comes to "overtime"?

If an employee asks off for a personal leave of absence do they have guaranteed job security?